Patna High Court
Jagdish SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is released on bail subject to conditions.
Summary
Jagdish Sah, a 73‑year‑old vendor of a sale deed, applied to the Patna High Court for bail after learning that he might be arrested in connection with Town P.S. Case No. 209 of 2025. He was charged under Sections 319(2), 318(4), 338, 336(3), 340(2), 341(1) and 61(2) of the Bharatiya Nyaya Sanhita for allegedly interpolating land details in the deed. The petitioner contended that there was no criminal antecedent, that the alleged error could be a mere typing mistake, and that neither he nor the vendee had raised any complaint. The State opposed the bail, relying on the seriousness of the offences listed. The Court examined the facts, the petitioner’s age, lack of prior record, and the possibility of a clerical error. It concluded that the circumstances warranted the grant of bail. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioner despite charges of interpolation in a sale deed under the Bharatiya Nyaya Sanhita
- Whether the alleged typing error and the petitioner's senior age justify bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 336(3), 338, 340(2), 341(1), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- interpolation in sale deed
- Bharatiya Nyaya Sanhita
- senior citizen
- property fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88346 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- SAMASTIPUR District- Samastipur
======================================================
Jagdish Sah S/O Late Saukhi Sah @ Late Soukhi Sah R/O Village - Bahadur
Pur,Ward No 23,P.S - Town, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Thakur Brajesh Singh, Advocate
For the State : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Town P.S. Case No. 209 of 2025 instituted under Sections
319(2), 318(4), 338, 336(3), 340(2), 341(1) and 61(2) of the
Bharatiya Nyaya Sanhita.
3. The petitioner and others have interpolated in the
details of the land in the sale deed.
4. Learned counsel for the petitioner submits that the
petitioner is 73 years old and he is the vendor of the sale deed
and he has no criminal antecedent. Neither he nor the vendee
has any complaint with regard to the details of the land which
have been transferred. It might have so happened, that there
would may have been typing error, which would have been
Patna High Court CR. MISC. No.88346 of 2025(3) dt.26-02-2026
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corrected by someone.
5. Considering the facts and circumstances of the
case, this application is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Samastipur/concerned Court in connection with
Samastipur (Town) P.S. Case No. 209 of 2025, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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